# C_2007155EN.01001401.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/14 |
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7.7.2007

EN

Official Journal of the European Union

C 155/14

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Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 3 May 2007 — UTECA (Unión de Televisiones Comerciales Asociadas) v Federación de Asociaciones de Productores Audiovisuales, Ente Público RTVE y Administración del Estado

(Case C-222/07)

(2007/C 155/26)

Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings

Applicant: UTECA (Unión de Televisiones Comerciales Asociadas)

Applicant:

Defendants: Federación de Asociaciones de Productores Audiovisuales, Ente Público RTVE y Administración del Estado

Defendants:

Questions referred

| 1. | Does Article 3 of Council Directive 89/552/EEC (1) of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC (2) of the European Parliament and of the Council of 30 June 1997, permit Member States to impose on television operators the obligation to earmark a percentage of their operating revenue for the pre-funding of European cinematographic films and films made for television? |
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1.

Does Article 3 of Council Directive 89/552/EEC (1) of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC (2) of the European Parliament and of the Council of 30 June 1997, permit Member States to impose on television operators the obligation to earmark a percentage of their operating revenue for the pre-funding of European cinematographic films and films made for television?

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| 2. | If the reply to the previous question is affirmative, is a national measure which, in addition to laying down the pre-funding obligation referred to above, reserves 60 % of that compulsory funding for original Spanish-language works compatible with that directive and with Article 12 EC, taken in conjunction with the other special provisions to which that article refers? |
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2.

If the reply to the previous question is affirmative, is a national measure which, in addition to laying down the pre-funding obligation referred to above, reserves 60 % of that compulsory funding for original Spanish-language works compatible with that directive and with Article 12 EC, taken in conjunction with the other special provisions to which that article refers?

| 3. | Does an obligation imposed by a national measure on television operators to the effect that the latter must earmark a percentage of their operating revenue for the pre-funding of cinematographic films, where 60 % of that amount must be earmarked specifically for original Spanish-language films the majority of which are produced by the Spanish film industry, amount to State aid in favour of that industry within the meaning of Article 87 EC? |
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3.

Does an obligation imposed by a national measure on television operators to the effect that the latter must earmark a percentage of their operating revenue for the pre-funding of cinematographic films, where 60 % of that amount must be earmarked specifically for original Spanish-language films the majority of which are produced by the Spanish film industry, amount to State aid in favour of that industry within the meaning of Article 87 EC?

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(1)  OJ L 298, p. 23.

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(2)  OJ L 202, p. 60.

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